UDUMALPET MUNICIPALITY Vs. A O MAQBOOL

JUDGEMENT

(1.) THIS second appeal is preferred from the judgment and decree of the I Additional District Judge, Coimbatore made in A.S.No.47 of 1989 dated 7.2.90 reversing the judgment and decree of the learned Subordinate Judge, Udumalpet in O.S.No. 140 of 1986 dated 29.3.89.

(2.) THE respondent filed a suit seeking a relief of permanent injunction restraining the appellant/defendant municipality from in any way interfering with the peaceful possession and enjoyment of the beef stall in an area of 150 sq. feet more fully described in the schedule of property annexed to the plaint alleging that a site measuring 15 x 10 feet situate within the specific boundaries stated in the schedule of property was leased out to him in the year 1980 by the appellant municipality wherein he raised the superstructure at his cost and has been conducting the beef stall without any interference from any quarters; that he has been regularly paying the rental to the appellant municipality; that in 1985-86 the rental was raised at 30%; that there were no arrears of rental payable by the respondent; that while so the appellant is making unlawful attempt to evict him from the suit property though he continued to be a lessee and hence his possession has got to be protected by granting a permanent injunction against the appellant.

(3.) VEHEMENTLY opposing all the contentions put forth by the appellant's side, the learned counsel for the respondent would submit that the first appellate court after careful scrutiny of all the documentary evidence available has arrived at a correct conclusion that the relationship between the appellant and the respondent was that of lessor and lessee and during the subsistence of the lease, the respondent could not be evicted except by due process of law and hence the judgment of the lower appellate court has got to be sustained.